在哈里发国建立之前已经订立并完成的合同与交易，以及已经确认并执行的法院判决，在其各方之间，直至在哈里发国建立之前执行完毕之时，均被视为有效。哈里发国的司法机关不得撤销这些合同与判决，也不得重新启动这些案件。哈里发国建立之后，不再受理与之相关的新诉讼。

The contracts and transactions that were concluded, together with the courts' verdicts that were confirmed and executed before the establishment of the Khilafah are considered valid between their parties till the end of their execution before the Khilafah. Judiciary in the Khilafah would not repeal them and nor start them again. No new lawsuits would be accepted regarding them after the establishment of the Khilafah. .

这两种情况应被排除在外:

Two cases would be excluded of that: .

如果已经确认并执行完毕的判决，仍然产生与伊斯兰教相悖的持续影响。

1. If the case that was confirmed and its execution was finished still have a continuous effect that contradicts Islam. .

2. 如果该案件涉及伤害伊斯兰教和穆斯林的人。

2. If the case relates to somebody that hurt Islam and Muslims.

关于不废除在哈里发国建立之前已经确定并且执行完毕的合同、交易和诉讼，也不在上述两种情况之外重新提起这些事项的证据是：先知ﷺ在征服麦加之后，并没有回到他当初迁徙时离开的房屋。按照古莱什人的法律，阿格尔·本·艾比·塔利卜曾继承了那些皈依伊斯兰并迁徙的亲属的房屋。

The evidence for not repealing the contracts, transactions and lawsuits that were confirmed and whose implementation finished before the establishment of the Khilafah, and nor raising them again in other than the above mentioned two cases is that the Messenger (PBUH) did not return back after the conquest of Makkah to his house from which he emigrated. Uqayl ibn Abi Talib had, according to the laws of Quraish, inherited the houses of his relatives that embraced Islam and emigrated.

他已将它们处置并卖掉，其中包括安拉使者的房屋。当时有人问使者：“您打算住在哪座房子里？”他ﷺ说：“阿qīl（Uqayl）有没有给我们留下任何一座房子？”[布哈里，《圣训实录》，第3058条]。在另一段传述中，他说：“阿qīl有没有给我们留下任何房子？”于是他卖掉了安拉使者的房屋，但使者ﷺ并没有撤销这些买卖。这段圣训由布哈里经乌萨马·本·宰德传述，他说：“征服麦加那天，他问道：‘安拉的使者啊，明天您想住在哪里？’先知ﷺ说：‘阿qīl有没有给我们留下任何房子？’”[布哈里，《圣训实录》，第3058条]。

He had disposed of them and sold them, including the house of the Messenger of Allah (PBUH). It was said at that time to the Messenger (PBUH):. "In which house are you going to stay?" He (PBUH) said: "Has Uqayl left any of our houses?" [Bukhari, Sahih, #3058]. In another narration, he said: "Did Uqayl leave to us any house?" He had then sold the houses of the Messenger of Allah (PBUH), but the Messenger (PBUH) did not repeal them. The hadith is reported by Al-Bukhari through Usama ibn Zayd, he said: "That he said on the day of the conquest, ‘O Messenger of Allah, where do you want to stay tomorrow?’ The Prophet (PBUH) said, ‘Did Uqayl leave us any house?’" [Bukhari, Sahih, #3058] .

据传,当阿布·阿斯·本·拉比尔皈依伊斯兰教并迁往麦地那时,他的妻子宰奈卜已先皈依伊斯兰教并在白德尔战役之后迁徙,而他仍在麦加保持多神崇拜。安拉的使者ﷺ将妻子归还给他,没有重新为他们更新婚约。这是对蒙昧时期所订婚约的承认。伊本·马哲通过伊本·阿拔斯(愿安拉喜悦之)转述:"安拉的使者ﷺ在两年后,依据她最初的婚约,将他的女儿,即宰奈卜,送还给了阿布·阿斯·本·拉比尔。"[提尔米兹,《逊南》,第1142条]。

It was also narrated that when Abu Al-‘As ibn Al-Rabi' embraced Islam and emigrated to Al-Madinah, his wife Zainab had then embraced Islam and emigrated after Badr, while he remained Mushrik in Makkah, the Messenger of Allah (PBUH) returned to him his wife, without renewing her marriage contract to him. This was recognition of the marriage contract concluded at Jahiliyyah time. Ibn Majah reported through Ibn Abbas (ra): "That the Messenger of Allah (PBUH) sent back his daughter, i.e. Zainab to Abu Al-‘As ibn Al-Rabi' after two years based on her first marriage contract". [Tirmidhi, Sunan, #1142] .

关于撤销那些具有持续效力、与伊斯兰相违背的诉讼，先知（愿主福安之）曾取消了人们在进入伊斯兰国家之后仍欠阿拔斯的高利贷，只归还他们的实际本金。这意味着在成为伊斯兰领土（Dar al-Islam）之后，遗留在他们身上的高利贷将被视为已取消的高利贷。艾布·达伍德通过苏莱曼·本·阿穆尔，从其父亲处传述，他说：

With regard to raising the lawsuits that have continuous effect contradictory to Islam, the Messenger (PBUH) had cancelled the usury left to Abbas on the people after they came to the Islamic State, and only gave their actual capital. This means after dar ul-Islam, the usury left upon them would become cancelled usury. Abu Dawud narrated through Suleiman ibn Amru from his father, he said: .

我在辞别朝觐时听到安拉的使者ﷺ说：

"I heard the Messenger of Allah (PBUH) say in the farewell pilgrimage: .

“注意！蒙昧时期（jāhiliyyah）的一切高利贷都已作废。你们只能取回自己的本金，既不去亏负他人，也不被他人亏负。”

"Behold! Any usury from the days of Jahiliyyah is cancelled. You are only entitled of your capitals, where you do not wrong (others) and nor are you wronged." .

此外,按照蒙昧时代(Jahiliyyah)的律法已娶了四位以上妻子的人,在进入伊斯兰之地(dar ul-Islam)后,有义务只保留四位。提尔米兹periodically... Let me correct and finish the translation properly: 此外,凡按照蒙昧时代(Jahiliyyah)的法度娶了四位以上妻子的人,在进入伊斯兰之家(dar ul-Islam)之后,必须只保留四位。提尔米兹(Al-Tirmidhi)通过阿卜杜拉·本·欧麦尔(Abdullah ibn ‘Umar)传述:盖拉尼·本·赛迈(Ghaylan ibn Salamah Al-Thaqafi)在蒙昧时代拥有十位妻子时皈依了伊斯兰,而她们也随他一同皈依了伊斯兰。

Moreover, those who were married to more than four wives according to the laws of Jahiliyyah were obliged after dar ul-Islam to hold to four only. Al- Tirmidhi reported through Abdullah ibn ‘Umar that Ghaylan ibn Salamah Al- Thaqafi embraced Islam while having ten wives in Jahiliyyah, and they embraced Islam together with him. .

先知ﷺ命令他从中选择四个。因此,那些具有持续效力且与伊斯兰相抵触的契约,在哈里发国建立之后,这些效力会被取消。这种取消是有义务的。例如,如果一位穆斯林妇女在伊斯兰教之前嫁给了一位基督徒,那么在哈里发国建立之后,根据沙里亚的规定,这份婚约即被取消。

"The Prophet (PBUH) commanded him to choose four of them.". Therefore, the contracts that have continuous effect contradictory to Islam, such effects are removed after the establishment of the Khilafah. This removal is obligatory. If for example a Muslim woman was married to a Christian before Islam, then after the establishment of the Khilafah this contract is cancelled in accordance with the rules of shara. .

在针对那些伤害伊斯兰和穆斯林之人提起诉讼方面，这是被允许的，因为先知(PBUH)在征服麦加时宣布，对一些人的血可以不受追究地流淌，因为他们在蒙昧时期曾伤害伊斯兰和穆斯林。他下令杀掉这些人的血，即使他们把自己挂在天房的帷幔上。尽管先知穆罕默德ﷺ曾说："伊斯兰抹去其前的一切"，这段圣训由艾哈迈德和塔巴拉尼从阿慕尔·本·阿绥传述。这意味着伤害伊斯兰和穆斯林的人被排除在这段圣训之外。由于先知ﷺ后来赦免了其中一些人，例如他赦免了伊克里马·本·阿布·贾赫勒，因此哈里发可以对这些人提起诉讼，或予以赦免。这适用于那些因说出真理而拷打穆斯林的人，或诋毁伊斯兰的人。圣训"伊斯兰抹去其前的一切"［艾哈迈德，《穆斯南德》，4/199］不适用于他们，因为他们被排除在外，哈里发认为应当对他们提起诉讼。 除了这两种情况之外，在哈里发国建立之前缔结的合同，以及交易和诉讼，只要已经得到确认并在哈里发国建立之前执行完毕，既不予撤销，也不重新提起。因此，例如，某人因损坏学校大门的指控被判处两年监禁，并在哈里发国建立之前服满刑期、离开监狱。之后哈里发国建立，他却想起诉当初将他关押的人，理由是他认为自己不应被监禁。这样的诉讼不被受理，因为此事已经发生，判决已经作出，且判决已在哈里发国建立之前执行完毕。他应当将此事交由真主(SWT)裁决。 (S.W.T)……以期待他的回报。然而,如果此人被判处十年监禁,其中两年已经服满,而哈里发国家已经建立;在这种情况下,哈里发有权审查此案,或者从一开始就撤销该刑罚,使其作为无罪之人走出监狱,或者对其已服刑期感到满意,使其出狱。也可以考虑刑期剩余的时间,并兼顾相关的天经规定和民众利益,尤其是涉及民众权利的问题,从而消除纷争。

In regards to starting lawsuits related to those who harmed Islam and the Muslims, this is permitted because the Messenger (PBUH), when he conquered Makkah declared the blood of some people to be shed with impunity as they used to harm Islam and Muslims in Jahiliyyah. He asked that their blood be shed even if they hung themselves to the curtains of the Ka’bah. This is despite the Messenger of Allah (PBUH) saying: "Islam removes that which comes before it", as narrated by Ahmad and Tabarani from Amr ibn Al-As. This means the one that harmed Islam and Muslims are excluded from this hadith.. Since the Messenger (PBUH) forgave some of them later on, such as his forgiving to Ikrimah ibn Abu Jahl, therefore the Khalifah is allowed to start a lawsuit against these or forgive them. This applies to those who used to torture Muslims for saying the truth or those who defamed Islam. The hadith: "Islam removes that which comes before it", [Ahmad, Musnad, 4/199] does not apply to them, for they are excluded of it, and a case is started against them according to the view of the Khalifah.. In other than these two cases the contracts concluded before the establishment of the Khilafah, together with the transactions and lawsuits are not cancelled and nor started as long as they were confirmed and their implementation finished before the establishment of the Khilafah.. Thus, if a man for example was sentenced with two years of imprisonment for a charge of breaking the doors of a school, and he finished the two years before the establishment of the Khilafah and he left the prison. Then after the establishment of the Khilafah he wanted to start a case against the one that imprisoned him for that charge because he views that he did not deserve imprisonment. Such a case is not accepted, because it happened, and a sentence was given for it and its implementation finished before the establishment of the Khilafah. He has to refer this matter to Allah (S.W.T), anticipating reward from Him (S.W.T).. If however, this man was sentenced for ten years, of which two had finished, and the Khilafah was established; in this case the Khalifah is allowed to examine the case, either by cancelling the sentence of punishment from its origin, thus letting him come out of the prison as free of the charge, or to be satisfied with the period he already spent, and he comes out of the prison. It is also possible to study the remaining time of the sentence taking into consideration the relevant divine rules and the interest of the citizens, particularly the issues related to the rights of the people, such that it removes the discord.